A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 23, 2014, the Defendant was sentenced to a suspended sentence of two months by the Suwon District Court for a violation of the Road Traffic Act.

On October 5, 2020, at around 23:45, the Defendant driven an E G90 car from the cafeteria parking lot located in Suwon-gu, Suwon-si B to D, Suwon-si, Suwon-si, to approximately 100 meters from the ccafeteria parking lot located in Suwon-gu, Suwon-si, Suwon-si.

Accordingly, the defendant violated the prohibition of drinking driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the circumstantial statements of a drinking driver, a circumstantial report on a drinking driver, a report on the results of respiratory measurements, and a report on the results of crackdown on drinking;

1. Records of judgment: Application of criminal records, reply reports, and copies of judgment-making Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) and 44 (1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) which select the penalty for imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is that the defendant, who has a record of drinking driving, drives a motor vehicle again, and the crime of this case is not less than that of the crime, but the amount of blood alcohol concentration due to drinking of this case is higher.

The defendant has already been punished on three occasions due to drinking driving, etc., and without being aware of the past records (including the previous records of suspension of execution of sentence) and has a lot of possibility of criticism.

However, it is against the defendant's recognition of the crime of this case, two times during the influence of drinking driving of the defendant has passed since the date of the crime of this case, and other various circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence, etc., and the conditions of sentencing as shown in the records, such as the circumstances after the crime, shall be determined as ordered.